Roger Wahl, Radio Station WQZS(FM), Meyersdale, PA, 60038-60040 [2021-23606]
Download as PDF
<![CDATA[
60038
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
in response to this document. To be
considered during a pesticide’s
registration review, the submitted data
or information must meet the following
requirements:
• To ensure that EPA will consider
data or information submitted,
interested persons must submit the data
or information during the comment
period. The Agency may, at its
discretion, consider data or information
submitted at a later date.
• The data or information submitted
must be presented in a legible and
useable form. For example, an English
translation must accompany any
material that is not in English and a
written transcript must accompany any
information submitted as an audiographic or video-graphic record. Written
material may be submitted in paper or
electronic form.
• Submitters must clearly identify the
source of any submitted data or
information.
• Submitters may request the Agency
to reconsider data or information that
the Agency rejected in a previous
review. However, submitters must
explain why they believe the Agency
should reconsider the data or
information in the pesticide’s
registration review.
As provided in 40 CFR 155.58, the
registration review docket for each
pesticide case will remain publicly
accessible through the duration of the
registration review process; that is, until
all actions required in the final decision
on the registration review case have
been completed.
(Authority: 7 U.S.C. 136 et seq.)
Dated: October 25, 2021.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2021–23531 Filed 10–28–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 21–401; FCC 21–1305; FR
ID 55481]
khammond on DSKJM1Z7X2PROD with NOTICES
Roger Wahl, Radio Station WQZS(FM),
Meyersdale, PA
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
This document commences a
hearing to determine whether, in light of
recent criminal convictions, Roger Wahl
is qualified to hold FCC authorizations,
and as a consequence, whether his
SUMMARY:
VerDate Sep<11>2014
18:17 Oct 28, 2021
Jkt 256001
license for FM radio station WQZS,
Meyersdale, PA should be revoked.
DATES: Persons desiring to participate as
parties in the hearing shall file a
petition for leave to intervene not later
than November 29, 2021.
ADDRESSES: File documents with the
Office of the Secretary, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554, with
a copy mailed to each party to the
proceeding. Each document that is filed
in this proceeding must display on the
front page the docket number of this
hearing, ‘‘MB Docket No. 21–401.’’
FOR FURTHER INFORMATION CONTACT:
Albert Shuldiner, Media Bureau, (202)
418–2721.
SUPPLEMENTARY INFORMATION: This is a
summary of the Hearing Designation
Order and Order to Show Cause (Order),
MB Docket No. 21–401, FCC DA 21–
1305, adopted and released October 19,
2021. The full text of the Order is
available online by using the search
function for MB Docket No. 21–401 on
the Commission’s ECFS web page at
https://apps.fcc.gov/ecfs/.
Summary of the Hearing Designation
Order
1. The Order commences a hearing
proceeding before the Commission to
determine whether certain criminal
convictions render licensee, Roger Wahl
(Wahl), unqualified to hold FCC
authorizations, and consequently,
whether the license for WQZS(FM),
Meyersdale, PA should be revoked
under section 312(a)(2) and 312(c) of the
Communications Act of 1934 (Act), 47
U.S.C. 312(a)(2) and 312(c). This
revocation proceeding stems from
Wahl’s felony conviction and related
misdemeanor convictions in 2020 under
the Pennsylvania Crimes Code.
2. In determining whether a party is
qualified to be a broadcast station
licensee, the Commission considers
factors specified in the Act, including
character qualifications. Section
312(a)(2) of the Act, 47 U.S.C. 312(a)(2),
provides that the Commission may
revoke any license if conditions present
would warrant refusal to grant a license
or permit. Because the Commission
considers character qualify in its review
of broadcast applications, a character
defect that would warrant the
Commission’s refusal to grant a license
or permit would likewise support a
Commission determination to revoke a
license or permit.
3. Non-FCC misconduct may raise
substantial and material questions of
fact concerning the licensee’s character.
The Commission considers evidence of
felony convictions because felonies are
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
serious crimes and conviction provides
an indication regarding an applicant’s
propensity to obey laws and conform to
provisions of the Act, Rules, and
Commission policies. The Commission
retains discretion to consider other
types of non-FCC misconduct that may
be relevant, including misdemeanors.
4. On July 8, 2020, Wahl pleaded
guilty to criminal use of a
communication facility, which is a
third-degree felony, and four related
misdemeanors. Specifically, Wahl
pleaded guilty to second-degree
misdemeanors of recklessly endangering
another person, unlawful dissemination
of an intimate image, and tampering
with evidence. He also initially pleaded
guilty to invasion of privacy.
5. The facts supporting Wahl’s guilty
plea were recited for the court at the
time his plea was entered, and Wahl
himself confirmed that the recitation
was accurate. Wahl had secretly taken
nude photos of a woman inside her
home using a concealed camera
installed in her bathroom; (b)
impersonated the woman on an online
dating site; (c) sent the nude photos of
the woman to at least one man whom
he connected with through that site; and
(d) solicited that man to have sexual
relationships with the woman without
her consent. In addition, Wahl deleted
the nude photos of the woman from his
mobile phone, and deleted the
communications he made via the online
dating site upon learning of the
Pennsylvania State Police investigation.
6. Subsequently, according to the
record in the criminal proceeding, Wahl
learned that a conviction on the
invasion of privacy charge would
require registration and notification as a
sex offender. Thus, he withdrew his
plea of guilty with respect to that
charge, and on November 16, 2020,
instead pleaded guilty to identity theft,
a first-degree misdemeanor. At that
time, Wahl was sentenced to concurrent
sentences that effectively placed him on
probation for three years, with four
months of electronic monitoring, and
required him to pay $600 in fines and
the costs of his prosecution and
supervision.
7. Wahl’s guilty plea to criminal use
of a communication facility, a thirddegree felony, by itself, raises the
question under the Commission’s
Character Qualifications Policy
Statement whether he possesses the
requisite character qualifications to
remain a Commission licensee.
Reliability is a key element of character
necessary to operate a broadcast station
in the public interest. The propensity to
comply with the law generally is
relevant to character qualifications, and
E:\FR\FM\29OCN1.SGM
29OCN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
an applicant or licensee’s willingness to
violate other laws, and, in particular, to
commit felonies, is indicative of
whether the applicant or licensee will
conform to the Commission’s rules or
policies. Evidence of any felony
conviction is relevant to an applicant’s
or licensee’s character.
8. Wahl’s multiple misdemeanor
convictions support the decision to
designate this matter for hearing. While
felony convictions, among all criminal
convictions, are most relevant to our
evaluation of an applicant’s character,
the Commission has the discretion to
consider serious misdemeanor
convictions in appropriate cases such as
this. Although Wahl does not have a
record of multiple criminal convictions
over time, he pleaded guilty not only to
a felony, but also to an array of
misdemeanor criminal offenses (identity
theft, unlawful dissemination of an
intimate image, recklessly endangering
another person, and tampering with
evidence) based on misconduct
involving multiple actions over a period
of time designed to harm his victim
seriously and then evade responsibility
for those actions. Even though Wahl’s
attempt to inflict physical harm on the
victim failed, he did inflict substantial
emotional harm. Furthermore, the
fundamental purpose of the
Commission’s character inquiry is to
make predictive judgments about an
applicant’s truthfulness and propensity
to comply with the Act and the Rules.
Wahl’s misdemeanor convictions
directly implicate his character
qualifications.
9. The Commission recently
supplemented its formal hearing
processes applicable to the revocation of
Title III licenses by adopting Rules that,
inter alia, expand the use of a hearing
procedure that relies in appropriate
cases on written submissions and
documentary evidence. These hearing
proceedings are resolved on a written
record consisting of affirmative case,
responsive case, and reply case
submissions, along with all associated
evidence in the record, including
stipulations and agreements of the
parties and official notice of material
facts. Based on that record, the
presiding officer will issue an Initial
Decision pursuant to section 409(a) of
the Act, 47 U.S.C. 409(a), and sections
1.267 and 1.274(c) of the Rules, 47 CFR
1.267, 1.274(c). This is an appropriate
case for use of those procedures because
the criminal proceeding is a final
adjudication and the court record from
the proceeding contains an explanation
of the factual underpinnings for Wahl’s
guilty pleas.
VerDate Sep<11>2014
18:17 Oct 28, 2021
Jkt 256001
10. Should Wahl wish to avail himself
of the opportunity to be heard, he (or his
attorney) must file a written appearance
pursuant to section 1.91(c) of the Rules,
47 CFR 1.91(c). The written appearance
must be filed within 20 days of the
mailing of this Order, and must state,
among other things, that Wahl will
present evidence on the matters
specified in this Order.
11. After release of this Order, the
presiding officer shall promptly release
an Initial Case Order. The Initial Case
Order shall put all parties on notice that
they are expected to be fully cognizant
of Part I of the Rules concerning Practice
and Procedure, 47 CFR part 1, subparts
A and B. The Initial Case Order shall
also set a date for the initial status
conference and a date by which each
party should file a pre-conference
submission that would include (a)
whether discovery is expected in this
case, and if so, a proposed discovery
schedule; (b) any preliminary motions
they are intending to file; and (c) a
proposed case schedule. The parties’
pre-conference submissions should also
indicate whether they request that a
Protective Order be entered in this case.
12. The presiding officer shall set the
case schedule, including any deadlines
by which the parties should submit the
motions they identified in their preconference submissions. The presiding
officer shall also set the deadlines for
the parties’ affirmative case, responsive
case, and reply case submissions in
accordance with sections 1.371–1.375 of
the Rules, 47 CFR 1.1371–1375. If the
parties have requested the entrance of a
Protective Order, the presiding officer
shall also set a deadline by which a joint
proposed Protective Order shall be
submitted for consideration. In
accordance with section 1.248(b) of the
Rules, 47 CFR 1.248(b), the presiding
officer may adopt the case schedule
during the status conference or in an
order following the conference.
13. In accordance with section 1.248
of the Rules, 47 CFR 1.248, and unless
the parties agree otherwise, an official
transcript of all case conferences will be
made.
14. In accordance with section 1.246
of the Rules, 47 CFR 1.246, any party
may serve upon any other party written
requests for the admission of the
genuineness of any relevant documents
or of the truth of any relevant matters
of fact. Such requests shall be served
within twenty (20) days after the
deadline for filing a notice of
appearance unless the presiding officer
sets a different time frame.
15. Sections 1.311 through 1.325 of
the Rules, 47 CFR 1.311–325, set forth
procedures that may be used for the
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
60039
discovery of relevant facts and/or for the
production and preservation of evidence
for use in the hearing proceeding. These
sections of the Rules provide, inter alia,
for the taking of depositions, for
interrogatories, and for the production
of documents and things.
16. Section 1.351 of the Rules, 47 CFR
1.351, sets forth the evidentiary
standard for the hearing: ‘‘any oral or
documentary evidence may be adduced,
but the presiding officer shall exclude
irrelevant, immaterial, or unduly
repetitious evidence.’’ The parties may
make evidentiary arguments based on
the Federal Rules of Evidence.
17. Any person or entity seeking
status as a party in this proceeding must
file a petition to intervene or petition for
leave to intervene in accordance with
section 1.223 of the Rules, 47 CFR
1.223.
18. Motions to enlarge, change, or
delete issues to be considered in this
proceeding shall be allowed, consistent
with section 1.229 of the Rules, 47 CFR
1.229.
19. This hearing proceeding is a
‘‘restricted’’ proceeding pursuant to
section 1.1208 of the Rules, 47 CFR
1.1208, and thus ex parte presentations
to or from Commission decision-making
personnel, including the presiding
officer and her staff and staff of the
Commission’s Media Bureau, are
prohibited, except as otherwise
provided in the Rules.
20. All pleadings in this proceeding,
including written submissions such as
letters, discovery requests and
objections and written responses
thereto, excluding confidential and/or
other protected material, must be filed
in MB Docket No. 21–401 using ECFS.
ECFS shall also act as the repository for
records of actions taken in this
proceeding, excluding confidential and/
or other protected material, by the
presiding officer and the Commission.
Documents responsive to any party’s
requests for production of documents
should not be filed on ECFS. Such
responsive documents shall be served
directly on counsel for the party
requesting the documents and produced
either in hard copy or in electronic form
(e.g., hard drive, thumb drive) with files
named in such a way as it is clear how
the documents are organized.
21. The caption of any pleading filed
in this proceeding, as well as all letters,
documents, or other written
submissions including discovery
requests and objections and responses
thereto, shall indicate whether it is to be
acted upon by the Commission or the
presiding officer. The presiding officer
shall be identified by name.
E:\FR\FM\29OCN1.SGM
29OCN1
60040
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
22. Electronic service on the
Enforcement Bureau shall be made
using the following email address:
EBHearings@fcc.gov.
23. To the extent any party to this
proceeding wishes to submit materials
or information that it would like
withheld from the public record, it may
do so in accordance with the procedures
set forth in section 1.314 of the Rules,
47 CFR 1.314. The parties may also
enter into a Protective Order initiated as
described above.
24. The presiding officer shall issue
an Initial Decision on the issues set
forth herein, as well as any other issues
designated for hearing in the course of
the proceeding. This Initial Decision
shall contain, at a minimum, findings of
fact and conclusions of law, as well as
the reasons or basis therefor, and the
appropriate rule or order or policy and
the sanction, relief or denial thereof, as
appropriate.
25. Accordingly, it is ordered that,
pursuant to sections 312(a)(2) and
312(c) of the Communications Act of
1934, as amended, 47 U.S.C. 312(a)(2)
and 312(c), and section 1.91(a) of the
Commission’s Rules, 47 CFR 1.91(a),
and pursuant to authority delegated
under section 0.283 of the Commission’s
Rules, 47 CFR 0.283, the captioned
authorization is designated for hearing
in a consolidated proceeding before the
FCC Administrative Law Judge, at a
time and place to be specified in a
subsequent order, upon the following
issues: (a) To determine the effects, if
any, of Roger Wahl’s felony conviction
and related misdemeanor convictions
on his qualifications to be a Commission
licensee; (b) To determine whether
Roger Wahl has the qualifications to be
a Commission licensee; (c) To determine
whether Roger Wahl’s license for
Station WQZS(FM) should be revoked.
26. It is further ordered that, pursuant
to section 312(c) of the Communications
Act of 1934, as amended, 47 U.S.C.
312(c), and section 1.91(c) of the
Commission’s Rules, 47 CFR 1.91(c), in
order to avail himself of the opportunity
to be heard and the right to present
evidence at a hearing in these
31. It is further ordered that a copy of
this Hearing Designation Order, Order to
Show Cause and Notice of Opportunity
for Hearing shall be sent via Certified
Mail, Return Receipt Requested, and by
regular first-class mail to Roger Wahl,
128 Hunsrick Road, Meyersdale, PA
57424.
32. It is further ordered that the
Secretary of the Commission shall cause
to have this Hearing Designation Order,
Order to Show Cause and Notice of
Opportunity for Hearing, or a summary
thereof published in the Federal
Register.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2021–23606 Filed 10–28–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID 54929]
Open Commission Meeting Tuesday,
October 26, 2021
October 19, 2021.
The Federal Communications
Commission will hold an Open Meeting
on the subjects listed below on Tuesday,
October 26, 2021, which is scheduled to
commence at 10:30 a.m. The Federal
Advisory Committee Act requires that
agencies publish notice of an advisory
committee meeting in the Federal
Register.
Disaster Communications Field Hearing
During the meeting, the Commission
will also conduct a virtual field hearing
on communications recovery and
resiliency during disasters.
Due to the current COVID–19
pandemic and related agency telework
and headquarters access policies, this
meeting will be in a wholly electronic
format and will be open to the public on
the internet via live feed from the FCC’s
web page at www.fcc.gov/live and on the
FCC’s YouTube channel.
Item number
Bureau
Subject
1 ......................
INTERNATIONAL .....................................
...................................................................
MEDIA ......................................................
...................................................................
TITLE: National Security Item.
SUMMARY: The Commission will consider a national security matter.
TITLE: Updating Digital Television Table of Allotments. (GN Docket No. 12–268).
SUMMARY: The Commission will consider an Order that will update the digital television Table of Allotments, and delete or revise rules rendered obsolete by the
broadcast incentive auction and the digital television transition.
TITLE: Selecting Third Round of Applicants for Connected Care Pilot Program.
(WC Docket No. 18–213).
SUMMARY: The Commission will consider a Public Notice announcing the third
round of selections for the Commission’s Connected Care Pilot Program to provide Universal Service Fund support for health care providers making connected
care services available directly to patients.
2 ......................
khammond on DSKJM1Z7X2PROD with NOTICES
proceedings, Roger Wahl, in person or
by his attorneys, shall file within 20
days of the mailing of this Hearing
Designation Order, Order to Show Cause
and Notice of Opportunity for Hearing,
a written appearance stating his
intention to appear at the hearing and
present evidence on the issues specified
above.
27. It is further ordered, pursuant to
sections 1.91 and 1.92 of the
Commission’s Rules, 47 CFR 1.91–92,
that if Roger Wahl fails to file a written
appearance within the time specified
above, or has not filed prior to the
expiration of that time a petition to
accept, for good cause shown, such
written appearance beyond expiration of
said 20 days, the right to a hearing shall
be deemed waived. Where a hearing is
waived, the Administrative Law Judge
shall issue an order terminating the
hearing proceeding and certifying the
case to the Commission.
28. It is further ordered that the Chief,
Enforcement Bureau, is made a party to
this proceeding without the need to file
a written appearance.
29. It is further ordered that, in
accordance with section 312(d) of the
Communications Act of 1934, as
amended, 47 U.S.C. 312(d), and section
1.91(d) of the Commission’s Rules, 47
CFR 1.91(d), the burden of proceeding
with the introduction of evidence and
the burden of proof with respect to the
issues at paragraph 25 shall be upon the
Commission’s Enforcement Bureau.
30. It is further ordered that a copy of
each document filed in this proceeding
subsequent to the date of adoption of
this Hearing Designation Order, Order to
Show Cause and Notice of Opportunity
for Hearing shall be served on the
counsel of record appearing on behalf of
the Chief, Enforcement Bureau. Parties
may inquire as to the identity of such
counsel by calling the Investigations &
Hearings Division of the Enforcement
Bureau at (202) 418–1420. Such service
copy shall be addressed to the named
counsel of record, Investigations &
Hearings Division, Enforcement Bureau,
Federal Communications Commission,
45 L Street NE, Washington, DC 20554.
3 ......................
WIRELINE COMPETITION ......................
...................................................................
VerDate Sep<11>2014
18:17 Oct 28, 2021
Jkt 256001
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
E:\FR\FM\29OCN1.SGM
29OCN1
]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60038-60040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23606]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 21-401; FCC 21-1305; FR ID 55481]
Roger Wahl, Radio Station WQZS(FM), Meyersdale, PA
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document commences a hearing to determine whether, in
light of recent criminal convictions, Roger Wahl is qualified to hold
FCC authorizations, and as a consequence, whether his license for FM
radio station WQZS, Meyersdale, PA should be revoked.
DATES: Persons desiring to participate as parties in the hearing shall
file a petition for leave to intervene not later than November 29,
2021.
ADDRESSES: File documents with the Office of the Secretary, Federal
Communications Commission, 45 L Street NE, Washington, DC 20554, with a
copy mailed to each party to the proceeding. Each document that is
filed in this proceeding must display on the front page the docket
number of this hearing, ``MB Docket No. 21-401.''
FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Media Bureau, (202)
418-2721.
SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation
Order and Order to Show Cause (Order), MB Docket No. 21-401, FCC DA 21-
1305, adopted and released October 19, 2021. The full text of the Order
is available online by using the search function for MB Docket No. 21-
401 on the Commission's ECFS web page at https://apps.fcc.gov/ecfs/.
Summary of the Hearing Designation Order
1. The Order commences a hearing proceeding before the Commission
to determine whether certain criminal convictions render licensee,
Roger Wahl (Wahl), unqualified to hold FCC authorizations, and
consequently, whether the license for WQZS(FM), Meyersdale, PA should
be revoked under section 312(a)(2) and 312(c) of the Communications Act
of 1934 (Act), 47 U.S.C. 312(a)(2) and 312(c). This revocation
proceeding stems from Wahl's felony conviction and related misdemeanor
convictions in 2020 under the Pennsylvania Crimes Code.
2. In determining whether a party is qualified to be a broadcast
station licensee, the Commission considers factors specified in the
Act, including character qualifications. Section 312(a)(2) of the Act,
47 U.S.C. 312(a)(2), provides that the Commission may revoke any
license if conditions present would warrant refusal to grant a license
or permit. Because the Commission considers character qualify in its
review of broadcast applications, a character defect that would warrant
the Commission's refusal to grant a license or permit would likewise
support a Commission determination to revoke a license or permit.
3. Non-FCC misconduct may raise substantial and material questions
of fact concerning the licensee's character. The Commission considers
evidence of felony convictions because felonies are serious crimes and
conviction provides an indication regarding an applicant's propensity
to obey laws and conform to provisions of the Act, Rules, and
Commission policies. The Commission retains discretion to consider
other types of non-FCC misconduct that may be relevant, including
misdemeanors.
4. On July 8, 2020, Wahl pleaded guilty to criminal use of a
communication facility, which is a third-degree felony, and four
related misdemeanors. Specifically, Wahl pleaded guilty to second-
degree misdemeanors of recklessly endangering another person, unlawful
dissemination of an intimate image, and tampering with evidence. He
also initially pleaded guilty to invasion of privacy.
5. The facts supporting Wahl's guilty plea were recited for the
court at the time his plea was entered, and Wahl himself confirmed that
the recitation was accurate. Wahl had secretly taken nude photos of a
woman inside her home using a concealed camera installed in her
bathroom; (b) impersonated the woman on an online dating site; (c) sent
the nude photos of the woman to at least one man whom he connected with
through that site; and (d) solicited that man to have sexual
relationships with the woman without her consent. In addition, Wahl
deleted the nude photos of the woman from his mobile phone, and deleted
the communications he made via the online dating site upon learning of
the Pennsylvania State Police investigation.
6. Subsequently, according to the record in the criminal
proceeding, Wahl learned that a conviction on the invasion of privacy
charge would require registration and notification as a sex offender.
Thus, he withdrew his plea of guilty with respect to that charge, and
on November 16, 2020, instead pleaded guilty to identity theft, a
first-degree misdemeanor. At that time, Wahl was sentenced to
concurrent sentences that effectively placed him on probation for three
years, with four months of electronic monitoring, and required him to
pay $600 in fines and the costs of his prosecution and supervision.
7. Wahl's guilty plea to criminal use of a communication facility,
a third-degree felony, by itself, raises the question under the
Commission's Character Qualifications Policy Statement whether he
possesses the requisite character qualifications to remain a Commission
licensee. Reliability is a key element of character necessary to
operate a broadcast station in the public interest. The propensity to
comply with the law generally is relevant to character qualifications,
and
[[Page 60039]]
an applicant or licensee's willingness to violate other laws, and, in
particular, to commit felonies, is indicative of whether the applicant
or licensee will conform to the Commission's rules or policies.
Evidence of any felony conviction is relevant to an applicant's or
licensee's character.
8. Wahl's multiple misdemeanor convictions support the decision to
designate this matter for hearing. While felony convictions, among all
criminal convictions, are most relevant to our evaluation of an
applicant's character, the Commission has the discretion to consider
serious misdemeanor convictions in appropriate cases such as this.
Although Wahl does not have a record of multiple criminal convictions
over time, he pleaded guilty not only to a felony, but also to an array
of misdemeanor criminal offenses (identity theft, unlawful
dissemination of an intimate image, recklessly endangering another
person, and tampering with evidence) based on misconduct involving
multiple actions over a period of time designed to harm his victim
seriously and then evade responsibility for those actions. Even though
Wahl's attempt to inflict physical harm on the victim failed, he did
inflict substantial emotional harm. Furthermore, the fundamental
purpose of the Commission's character inquiry is to make predictive
judgments about an applicant's truthfulness and propensity to comply
with the Act and the Rules. Wahl's misdemeanor convictions directly
implicate his character qualifications.
9. The Commission recently supplemented its formal hearing
processes applicable to the revocation of Title III licenses by
adopting Rules that, inter alia, expand the use of a hearing procedure
that relies in appropriate cases on written submissions and documentary
evidence. These hearing proceedings are resolved on a written record
consisting of affirmative case, responsive case, and reply case
submissions, along with all associated evidence in the record,
including stipulations and agreements of the parties and official
notice of material facts. Based on that record, the presiding officer
will issue an Initial Decision pursuant to section 409(a) of the Act,
47 U.S.C. 409(a), and sections 1.267 and 1.274(c) of the Rules, 47 CFR
1.267, 1.274(c). This is an appropriate case for use of those
procedures because the criminal proceeding is a final adjudication and
the court record from the proceeding contains an explanation of the
factual underpinnings for Wahl's guilty pleas.
10. Should Wahl wish to avail himself of the opportunity to be
heard, he (or his attorney) must file a written appearance pursuant to
section 1.91(c) of the Rules, 47 CFR 1.91(c). The written appearance
must be filed within 20 days of the mailing of this Order, and must
state, among other things, that Wahl will present evidence on the
matters specified in this Order.
11. After release of this Order, the presiding officer shall
promptly release an Initial Case Order. The Initial Case Order shall
put all parties on notice that they are expected to be fully cognizant
of Part I of the Rules concerning Practice and Procedure, 47 CFR part
1, subparts A and B. The Initial Case Order shall also set a date for
the initial status conference and a date by which each party should
file a pre-conference submission that would include (a) whether
discovery is expected in this case, and if so, a proposed discovery
schedule; (b) any preliminary motions they are intending to file; and
(c) a proposed case schedule. The parties' pre-conference submissions
should also indicate whether they request that a Protective Order be
entered in this case.
12. The presiding officer shall set the case schedule, including
any deadlines by which the parties should submit the motions they
identified in their pre-conference submissions. The presiding officer
shall also set the deadlines for the parties' affirmative case,
responsive case, and reply case submissions in accordance with sections
1.371-1.375 of the Rules, 47 CFR 1.1371-1375. If the parties have
requested the entrance of a Protective Order, the presiding officer
shall also set a deadline by which a joint proposed Protective Order
shall be submitted for consideration. In accordance with section
1.248(b) of the Rules, 47 CFR 1.248(b), the presiding officer may adopt
the case schedule during the status conference or in an order following
the conference.
13. In accordance with section 1.248 of the Rules, 47 CFR 1.248,
and unless the parties agree otherwise, an official transcript of all
case conferences will be made.
14. In accordance with section 1.246 of the Rules, 47 CFR 1.246,
any party may serve upon any other party written requests for the
admission of the genuineness of any relevant documents or of the truth
of any relevant matters of fact. Such requests shall be served within
twenty (20) days after the deadline for filing a notice of appearance
unless the presiding officer sets a different time frame.
15. Sections 1.311 through 1.325 of the Rules, 47 CFR 1.311-325,
set forth procedures that may be used for the discovery of relevant
facts and/or for the production and preservation of evidence for use in
the hearing proceeding. These sections of the Rules provide, inter
alia, for the taking of depositions, for interrogatories, and for the
production of documents and things.
16. Section 1.351 of the Rules, 47 CFR 1.351, sets forth the
evidentiary standard for the hearing: ``any oral or documentary
evidence may be adduced, but the presiding officer shall exclude
irrelevant, immaterial, or unduly repetitious evidence.'' The parties
may make evidentiary arguments based on the Federal Rules of Evidence.
17. Any person or entity seeking status as a party in this
proceeding must file a petition to intervene or petition for leave to
intervene in accordance with section 1.223 of the Rules, 47 CFR 1.223.
18. Motions to enlarge, change, or delete issues to be considered
in this proceeding shall be allowed, consistent with section 1.229 of
the Rules, 47 CFR 1.229.
19. This hearing proceeding is a ``restricted'' proceeding pursuant
to section 1.1208 of the Rules, 47 CFR 1.1208, and thus ex parte
presentations to or from Commission decision-making personnel,
including the presiding officer and her staff and staff of the
Commission's Media Bureau, are prohibited, except as otherwise provided
in the Rules.
20. All pleadings in this proceeding, including written submissions
such as letters, discovery requests and objections and written
responses thereto, excluding confidential and/or other protected
material, must be filed in MB Docket No. 21-401 using ECFS. ECFS shall
also act as the repository for records of actions taken in this
proceeding, excluding confidential and/or other protected material, by
the presiding officer and the Commission. Documents responsive to any
party's requests for production of documents should not be filed on
ECFS. Such responsive documents shall be served directly on counsel for
the party requesting the documents and produced either in hard copy or
in electronic form (e.g., hard drive, thumb drive) with files named in
such a way as it is clear how the documents are organized.
21. The caption of any pleading filed in this proceeding, as well
as all letters, documents, or other written submissions including
discovery requests and objections and responses thereto, shall indicate
whether it is to be acted upon by the Commission or the presiding
officer. The presiding officer shall be identified by name.
[[Page 60040]]
22. Electronic service on the Enforcement Bureau shall be made
using the following email address: [email protected].
23. To the extent any party to this proceeding wishes to submit
materials or information that it would like withheld from the public
record, it may do so in accordance with the procedures set forth in
section 1.314 of the Rules, 47 CFR 1.314. The parties may also enter
into a Protective Order initiated as described above.
24. The presiding officer shall issue an Initial Decision on the
issues set forth herein, as well as any other issues designated for
hearing in the course of the proceeding. This Initial Decision shall
contain, at a minimum, findings of fact and conclusions of law, as well
as the reasons or basis therefor, and the appropriate rule or order or
policy and the sanction, relief or denial thereof, as appropriate.
25. Accordingly, it is ordered that, pursuant to sections 312(a)(2)
and 312(c) of the Communications Act of 1934, as amended, 47 U.S.C.
312(a)(2) and 312(c), and section 1.91(a) of the Commission's Rules, 47
CFR 1.91(a), and pursuant to authority delegated under section 0.283 of
the Commission's Rules, 47 CFR 0.283, the captioned authorization is
designated for hearing in a consolidated proceeding before the FCC
Administrative Law Judge, at a time and place to be specified in a
subsequent order, upon the following issues: (a) To determine the
effects, if any, of Roger Wahl's felony conviction and related
misdemeanor convictions on his qualifications to be a Commission
licensee; (b) To determine whether Roger Wahl has the qualifications to
be a Commission licensee; (c) To determine whether Roger Wahl's license
for Station WQZS(FM) should be revoked.
26. It is further ordered that, pursuant to section 312(c) of the
Communications Act of 1934, as amended, 47 U.S.C. 312(c), and section
1.91(c) of the Commission's Rules, 47 CFR 1.91(c), in order to avail
himself of the opportunity to be heard and the right to present
evidence at a hearing in these proceedings, Roger Wahl, in person or by
his attorneys, shall file within 20 days of the mailing of this Hearing
Designation Order, Order to Show Cause and Notice of Opportunity for
Hearing, a written appearance stating his intention to appear at the
hearing and present evidence on the issues specified above.
27. It is further ordered, pursuant to sections 1.91 and 1.92 of
the Commission's Rules, 47 CFR 1.91-92, that if Roger Wahl fails to
file a written appearance within the time specified above, or has not
filed prior to the expiration of that time a petition to accept, for
good cause shown, such written appearance beyond expiration of said 20
days, the right to a hearing shall be deemed waived. Where a hearing is
waived, the Administrative Law Judge shall issue an order terminating
the hearing proceeding and certifying the case to the Commission.
28. It is further ordered that the Chief, Enforcement Bureau, is
made a party to this proceeding without the need to file a written
appearance.
29. It is further ordered that, in accordance with section 312(d)
of the Communications Act of 1934, as amended, 47 U.S.C. 312(d), and
section 1.91(d) of the Commission's Rules, 47 CFR 1.91(d), the burden
of proceeding with the introduction of evidence and the burden of proof
with respect to the issues at paragraph 25 shall be upon the
Commission's Enforcement Bureau.
30. It is further ordered that a copy of each document filed in
this proceeding subsequent to the date of adoption of this Hearing
Designation Order, Order to Show Cause and Notice of Opportunity for
Hearing shall be served on the counsel of record appearing on behalf of
the Chief, Enforcement Bureau. Parties may inquire as to the identity
of such counsel by calling the Investigations & Hearings Division of
the Enforcement Bureau at (202) 418-1420. Such service copy shall be
addressed to the named counsel of record, Investigations & Hearings
Division, Enforcement Bureau, Federal Communications Commission, 45 L
Street NE, Washington, DC 20554.
31. It is further ordered that a copy of this Hearing Designation
Order, Order to Show Cause and Notice of Opportunity for Hearing shall
be sent via Certified Mail, Return Receipt Requested, and by regular
first-class mail to Roger Wahl, 128 Hunsrick Road, Meyersdale, PA
57424.
32. It is further ordered that the Secretary of the Commission
shall cause to have this Hearing Designation Order, Order to Show Cause
and Notice of Opportunity for Hearing, or a summary thereof published
in the Federal Register.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2021-23606 Filed 10-28-21; 8:45 am]
BILLING CODE 6712-01-P
